GENERAL GUIDE
GUIDE FOR EXPATRIATES
| BEFORE
BUYING |
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Budget I Location I Developer
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Product I Environment
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Budget
Location
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Location is of paramount importance. Look
for a place that is easily accessible via public transportation,
light railway transit and/or major highways, convenience in
terms of food and other daily necessities and amenities for
your children e.g nursery, kindergarden, school, playground,
library and etc. Lush landscaping, well-planned townships
and a tranquil and clean environment are a plus.
Developer
- Choose a reputable developer who can deliver good quality
houses and complete on time. If not sure, ask around and check
its track record.
Product
- List out the "must-have" features which you would not compromise
on and stick to it. Do not be swayed into compromising any of
them just because of a few thousands saving as you may have
to live with what you have forgone for years to come.
Environment
- Look for a house within a large township rather than in an
isolated housing estate. Generally, the larger the township,
the more amenities there will be for the convenience of the
residents. Moreover, larger townships are generally more well-planned
as they are not developed on piecemeal basis.
- Avoid choosing properties around polluted areas such as industrial
areas or next to a major highway or on slopes which are prone
to erosion.

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| WHEN
BUYING |
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Land Tenure I Orientation I Specification
I Level
I Agreement I |
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Land Tenure
- Ascertain whether the property is freehold or leasehold. Premium
is usually attached to properties with freehold status. If the
property is leasehold, check how many years are left of the
title. The shorter the period, the lesser is the value of the
property. Moreover, leasehold properties will need the consent
of the state authorities for transfer, a process which is cumbersome
and lengthy.
Orientation
- Check the direction of the house. A unit which faces North,
South or East is better regarded than a house which faces west
as the latter is hotter since it faces afternoon sun.
Specifications
- Check the specifications of building materials for the floor,
wall, ceiling, doors and windows carefully as quality will not
only affect the property value, it also has a bearing on safety.
Level
- Check the terrain of the property as it affects the view,
ventilation and tendency for flooding to occur. The lower the
terrain in relation to the drainage level, the higher is the
risk of flooding.
Agreement
- The sale and purchase agreement for uncompleted residential
units purchased from developers is prescribed by the government
and is therefore standard. For other properties however, the
agreement is subjected to negotiations between the parties.
Make sure you read through the terms, especially the fine prints.

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| AFTER
BUYING |
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Payment Schedule I Other Payments I
Completion I
Defects Rectification I |
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Payment
Schedule
- You will have to pay each purchase price installment against
the developer's architect certificate of completion for that
stage of construction, which corresponds to the particular installment.
- The due date for each installment is 14 days after receipt
of the billing. Make sure you pay on time otherwise you will
have to pay interest at 10% per annum on late payment.
- If you are late in your installment or interest payment for
more than 28 days from the due date, the developer is entitled
to terminate the SPA by giving 14 days' notice.
Other
Payments
- Quit rent, assessment and other charges in respect of the
property are payable from the date of the SPA. Service charge
for rubbish collection, cleaning of sewerage system, grass cutting
and etc (for landed properties) or service charge for maintenance
and management of common property (for apartment and condominium)
is payable from the date vacant possession is delivered.
Completion
Date and Delivery Of Vacant Possession
- The developer will have 24 months from the date of SPA (for
landed residential properties) and 36 months (for apartment
and condominiums) to deliver vacant possession with water and
electricity supply ready for connection to you. You are entitled
to claim for damages at 10% per annum on the purchase price
if the developer fails to deliver on time.
- Developer can deliver vacant possession as soon as the Certificate
of Practical Completion is issued by the architect even though
C.F is not yet issued (which is usually the case as it takes
time for local authority to process C.F application). There
is no risk, however, of the developer failing to obtain C.F
subsequently, as all requirements for C.F application would
have been complied with before vacant possession can be delivered
to you. The C.F application after vacant possession is only
a formality.
- You will have to take delivery of the property within 14 days
from the date of the notice requesting you to take vacant possession.
If you do not do so by the stated 14 days, you will still be
deemed to have done so the day immediately after the 14 days
period. After that any damage of fixtures or fittings to the
property will be at your responsibility.
Defects
Rectification
- If you find any defects in the property after moving in, make
sure you submit the defects list to the developer within 18
months from the date of vacant possession. The developer will
have 30 days from the date of receipt of your list to rectify
the defects. If the developer fails to rectify within the stated
time, you can then engage someone else to do the rectification
works and charge the costs to the developer provided you have
given another 14 days' notice to notify the developer of your
intention.

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| TIPS
ON APPLYING FOR A LOAN |
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- Apply for a housing loan immediately to avoid paying interest
on late payment. Banks/Finance Companies need time to process
the loan and there is a fair amount of documentation to be done
before the Bank releases monies to pay for the property. Those
in government service should apply to Bahagian Pinjaman Perumahan,
Treasury. Request the bank/finance company to appoint a lawyer
to handle the SPA loan documentation. This helps to reduce processing
time.
- Shop around for the best rates. Go to the developer's panel
of bankers as most developers would usually have used their
bargaining power to secure the best rates on your behalf. Generally,
banks have a lower cost of funds than finance companies and
therefore their rates tend to be lower.
- Besides interest rates, you should also consider other factors
e.g- quick approval time, efficiency and quality of service,
willingness to listen, offer good advice on insurance and other
house matters and convenience (some banks open on Sundays or
late in the evenings, some even go to your office or home).
- Don't forget your entitlement to withdraw from your Employees'
Provident Fund ("EPF") account. You can withdraw every 5 years
starting from the time you first contribute to it and every
withdrawal is limited to a maximum of 30% of your total fund.

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| Malaysia
Facts and Figures |
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- Malaysia is located in the heart of
South East Asia region at 7 degree north of the Equator.
- Weather :Malaysia has a tropical climate
with relatively uniform temperature and a humidity of over 90
percent with abundant rainfall.
- Average - daily temperature: 26 degree
Celsius.
- Mean maximum temperature: 31 degree
Celsius.
- Mean minimum temperature: 23 degree
Celsius.
- Monsoon season : December to February
.
- Population: 23 million.
- Population Composition : Bumiputra :
60%, Chinese : 25% Indians: 8% Other Ethnic Groups: 7%
- Language : The national language is
Bahasa Malaysia (Malay). Other languages spoken are English
,Mandarin and Tamil. Most Malaysians are able to speak at least
two languages and almost everyone can speak English. Mandarin,
Hokkien, Teochew, Cantonese, Hakka are widely spoken among the
Chinese. Besides Tamil, some Indians also speak Telegu, Malayalam,
Punjabi, Hindi and Bengali.

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| Government
Regulation |
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BUYING
A HOME IN MALAYSIA
- All purchases of properties by foreign interests, if allowed
under the law, must be with the approval of the FIC regardless
of value. FIC application is normally just a formality. Your
solicitors handling the purchase will be able to assist you
in this.
- Foreign interests are permitted to purchase the following
types of residential properties provided they are above RM150,000:
(a) Terrace houses which are more than 2 stories, provided the
houses purchased do not exceed 10% of the total number of units
of each such type in a particular housing project.
(b) Land/bungalow houses and semi detached houses provided the
houses do not exceed 10% of the total number of units of each
such type in a particular housing project. If the land purchased
is further developed for investment purposes, the buyer is required
to form a company, which is incorporated in Malaysia and of
which at least 49% is owned by Malaysians, comprising at least
30% Bumiputera.
(c) Condominium/apartment units provided that the units do not
exceed 30% of the total number of units in each block.
- Foreign individuals (including husband and wife) however,
can only purchase up to 2 residential properties of which at
least one property must be a condominium.
- Notwithstanding (2) & (3) above, there is no restriction on
foreigners or foreign companies buying any types of property
above RM250,000 if the following conditions are satisfied :-
(a) Property must be purchased direct from a developer licensed
in Malaysia;
(b) Property must be newly completed or at least 50% in progress;
and
(c) Financing for the purchase is obtained from overseas financial
institution outside Malaysia.
NB : FIC approval is automatic for purchases under this paragraph.
- Acquisition of a third property is deemed to be for investment
purpose and can be made only through a company incorporated
in Malaysia with at least 70% equity held by Malaysians with
at least 30% by Bumiputera.
- All properties purchased by foreign interests cannot be resold
within three (3) years from the date of the Foreign Investment
Committee's approval.
Note:
Please note that apart from the above FIC guidelines, each of
the 13 states in Malaysia also have their own separate guidelines
on ownership of properties by foreigners which may or may not
be the same as the FIC guidelines. It is therefore advisable to
make enquiries at the respective state land offices for guidelines
specifically applicable to a particular state. 
Land
Office Guidelines for the State of Johor
All the FIC guidelines outlined above are applicable except
for those expressly varied below.
Foreigners cannot purchase:
- apartment /condominium priced at RM200,000 and below;
- house priced at RM200,000 and below;
- properties set aside for Bumiputera quota; and
- shop lots which are less than 2 stories high.
Foreigners can purchase:
- shop lots which are more than 2 stories high and priced at
RM500,000 and above provided that the total units purchased
do not exceed 10% of the total number of units available for
such type; and
- Office space or commercial buildings of any value provided
that the total units purchased do not exceed 20% of the total
units available for such type.

The
Buying Process
(FOR PROPERTIES PURCHASED DIRECT FROM DEVELOPERS ONLY)
- Pay 10% deposit and sign sale and purchase agreement ("SPA").
The SPA for residential properties is a standard agreement prescribed
by the government.
- For residential properties, subsequent payments of between
10% -15% each are due at various prescribed stages of construction.
For other types of properties, payment term varies depending
on the developers.
- The statutory maximum period for completion of properties
is 24 months from the date of the SPA for landed residential
properties and 36 months from the date of SPA for apartments
and condominiums. There is no statutory completion date for
other types of properties.
- Purchaser can take delivery of the property upon completion
subject to payment of full purchase price and other charges
such as maintenance fee for road, sewerage, street lighting,
landscaping and etc.
- Individual title, when issued will be transferred to the purchaser's
name and a stamp duty based on fixed scale for each range of
purchase price will then be payable for the transfer.

The
Rental Process
- Sign a letter of intent and pay one month rental as earnest
deposit. If tenant fails to take up the tenancy or fails to
sign the tenancy agreement subsequently, the earnest deposit
will be forfeited.
- Sign the tenancy agreement and pay a further deposit equivalent
to one month rental, utility deposit (usually half a month rental
for residential properties) and one month advance rental. Lease
periods are normally one to two years. This refundable deposit
is kept by the owner as security for any damage to the property
or furnishing or fittings or against unpaid rent or utility
bills and is standard in Malaysia.
- At the time of signing the tenancy agreement, the Tenant is
required to pay the stamp duty (government tax on the agreement)
on rented property. Duty is approximately 0.35% of the yearly
rental for each year of lease.
- Open a telephone account at the nearest Telekom office. For
details, please call 603-1050.
- A joint inspection of the property is held with the landlord
prior to taking delivery where an inventory list is signed and
agreed upon.
- Take possession of the keys.

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| Silver
Hair Programme |
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Senior citizens from any country
(except Israel & Yugoslavia) who attain the age of 50 and above
are allowed to stay on a long term basis. Upon application, a Visit
Pass (Social) will be issued for a maximum period of five years
on yearly basis. Extension of another five years may be granted
on a periodical basis. The conditions to be satisfied to qualify
for this programme are :-
- Applicant must be above 50 years old. There is no age restriction
for the applicant's spouse.
- Application has to be submitted by local sponsor in Malaysia
to The Immigration Head Office, Kuala Lumpur. The sponsor must
be a Malaysian citizen or Permanent Resident.
- If applicant needs a Visa, it should be obtained from Malaysian
Representative Office abroad prior to entry into Malaysia
- Applicants with spouse must EITHER have a pension(s) or royalties
or other income of not less than RM10,000.00 per month OR a
savings of RM150,000 in a Malaysian bank account which must
be maintained when renewing their annual visit pass.
- Single applicant must EITHER have a pension or royalties or
income of RM7,000 per month OR a savings of RM100,000 in a Malaysian
bank account which must be maintained when renewing his/her
annual visit pass.
- Applicants must possess medical insurance coverage applicable
in Malaysia. If insurance coverage is refused due to old age,
this requirement may be waived subject to proof.
- The applicant shall not participate in any profession, occupation
or business activities while residing in the country. Participating
in voluntary organizations in accordance with the government's
rules and regulations is however permitted.
The fee for one year Visit Pass Social is RM90.00. The fee for
visa will be based on the existing bilateral agreement of visa
fees between the two contracting countries. 
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| Utilities
Connection |
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- If the property is purchased direct from the developer, the
developer would apply for water and electricity connection on
your behalf. The relevant deposits, the connection charges and
charges for water meter (for high rise residential units only)
however, will have to be borne by you.
- You will however, need to apply for
telephone connection yourself. Just complete the form and bring
it together with your passport and work permit to the nearest
Telekom office. You will have a pay a deposit of around RM1,500.
For further details, please call 603-1050.

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